For the purpose of this article certain terms or words used herein shall be interpreted or defined as follows:

   -   Words used in the present tense include the future tense.

   -   The singular number includes the plural.

   -   The word "person" includes a corporation as well as an individual.

   -   The word "lot" includes the word "plot" or "parcel".

   -   The term "shall" is always mandatory.

   -   The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended", arranged or designed to be used or occupied.

   (1)   ACCESSORY BUILDING. A subordinate building, the use of which is incidental to that of the main building, and which is located on the same lot as the main building. A carport is considered an accessory building.

   (2)   ACCESSORY USE. A subordinate use which is clearly and customarily incident to the principal use of a building or premises and which is located on the same lot as the principal building or use except for such accessory parking facilities as are specifically authorized to locate elsewhere.

   (3)   ADULT BOOKSTORE. An establishment having as a substantial or significant portion of its sales or stock in trade adult material; or an establishment with a segment or section devoted to the sale or display of such materials; or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage, advertising, displays, actual sales, presence of video preview or coin operated booths, or exclusion of minors from the establishment's premises or any other factors showing the establishment's primary purpose is to purvey such material.

   (4)   ADULT ENTERTAINMENT CABARET. A public or private establishment which (i) features topless dancers, strippers, "go-go" dancers, male or female impersonators, lingerie or bathing suit fashion shows; or (ii) features entertainers who display "specified anatomical areas"; or (iii) features entertainers who by reason of their appearance or conduct perform in a manner which is designed primarily to appeal to the prurient interest of the patron; or (iv) features entertainers who engage in, or are engaged in explicit simulation of, "specified sexual activities".

   (5)   ADULT MATERIAL. Any of the following, whether new or used, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" being, (i) human genitals in the state of sexual stimulation or arousal; (ii) acts of human masturbation, sexual intercourse or sodomy; (iii) fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts:

      (a)   Books, magazines, periodicals or other printed matters, or digitally stored materials; or

      (b)   Films, motion pictures, video or audio cassettes, slides, computer displays or other visual representations or recordings of any kind, for sale or viewing on the premises by use of motion picture devices or by coin operated means; or

      (c)   Toys, devices, novelties, lotions, instruments, items or paraphernalia; or

      (d)   Items that use the term "adult" or use the designation of one or more "X" such as, but not limited to, "XXX".

   (6)   ADULT MOTION PICTURE THEATER. A building or area used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for viewing by patrons therein.

   (7)   ADULT NOVELTY STORE. An establishment having as a substantial or significant portion of its sales or stock in trade adult material, with 20% or more of its sales or stock in trade.

   (8)   ADULT ORIENTED BUSINESSES INCLUDE. Adult bookstores, adult entertainment cabarets, adult motion picture theaters, adult novelty stores and stores which sell a substantial or significant portion of it's sales or stock in trade as adult material.

(Ord. 2006-29, passed 8-28-2006)

   (1)   Any adult oriented business shall be designated as a special use within M1 and M2 zoning areas.

   (2)   Such businesses may not be located within:

      (a)   2,000 feet of any property zoned for residential use.

      (b)   2,000 feet of any religious institution, public or private school containing any grade K-12.

      (c)   2,000 feet of any city park.

      (d)   2,000 feet of any child care/daycare facility.

      (e)   2,000 feet of any other adult oriented business as defined herein.

      (f)   2,000 feet from any other area where minor child may congregate.

   (3)   The distances shall be measured by following a straight line without regard to intervening buildings, structures or other obstacles from the nearest point of the property upon which this proposed special use is to be located to the nearest point of the property or land use boundary line from which the proposed land use is to be separated. The applicant shall provide with his or her petition for special use a certified copy of measurements by a land surveyor registered by the State of Illinois showing the proposed land use is properly separated.

   (4)   All business except for off-street parking and off-street loading shall be conducted within completely enclosed buildings.

   (5)   Such adult oriented business must comply with all other zoning requirements.

(Ord. 2006-29, passed 8-28-2006)

   No liquor license shall be issued and no liquor shall be sold or consumed on the premises of any adult use as established herein.

(Ord. 2006-29, passed 8-28-2006)

   Parking requirements for the aforementioned adult oriented businesses are as follows:

   (1)   All parking must be sufficiently lighted to reveal the interior of vehicles and must be located to the front and/or sides of the establishment.

   (2)   Off-street parking must be provided with a minimum of five spaces for customer parking and one parking space for each employee of the largest working shift.

   (3)   No fencing or visual screening shall be installed to prevent full use of the parking areas from the primary street of business.

(Ord. 2006-29, passed 8-28-2006)

   (1)   Prior to doing business, all such adult oriented businesses shall submit a site plan to the Planning Commission for their review under the procedures established under the Paris Zoning Ordinance.

   (2)   In addition to the procedures already established under the Paris Zoning Ordinance, the Planning Commission recommend and the City Commissioners may place conditions on the development and operation of the adult use related to a site plan, floor plan, construction materials, lighting, additional parking, ingress and egress and signage, in order to ensure that the design is compatible with surrounding uses and the operation of the adult uses in conformation with all city ordinances.

   (3)   The application for a special use shall be developed by the Planning Commission, but shall include the following information:

      (a)   The full name and address of the business.

      (b)   The full name, business address and home address of all business owners and business managers.

      (c)   A telephone number at which the city can reach the manager and/or owners during business hours of operation.

      (d)   Authorization for the city, its agents and employees, to seek information and to conduct an investigation into the truth of statements set forth in the application.

(Ord. 2006-29, passed 8-28-2006)

   (1)   It shall be a violation of this article for any business to open without obtaining a special use permit for an M1 or M2 zoned district.

   (2)   It shall be the duty of the Police Department, Public Health Officer and Building Code Enforcement Department to enforce this article.

   (3)   The city or any designated enforcement official may institute a suit for injunction in the Circuit Court to restrain an individual business from violating this article.

   (4)   If the city is successful in its suit, the respondent shall bear the cost of the action. A change of venue may not be granted in such suit.

   (5)   Each day of non-compliance with the provisions of this article shall constitute a separate and distinct ordinance violation. Judgment up to $2,500 per day may be entered for violation of any provision of this article.

(Ord. 2006-29, passed 8-28-2006)